The Contract concluded between the company RANCH Computing (“RANCH Computing” or “we”), with a capital of 78 500 €, registered in the Paris Trade and Companies Register under the number 492 804 547 and whose head office is located at 189 Rue d’Aubervilliers – CAP 18 – 75018 PARIS, and any individual or legal entity (hereinafter the “Customer” or “you”) wishing to benefit from the said Rendering Service, is made up of these GTCs and any document materially referring to them (such as, but not limited to, technical documentation, price list and discounts) and constitutes the sole contractual reference to which the Customer is entitled: technical documentation, price list and discounts) and constitutes the sole contractual reference to which the Client declares to be bound in the absence of any provisions emanating from the Client.
Thus, the purpose of these GCU is to define the terms and conditions of use of the Rendering Service by the Client, who understands and accepts that any use of the Rendering Service entails full and complete acceptance, without restriction or reservation, of these GCU.
1 – Definitions
Technical Documentation: means all of the technical documentation available online at https://doc.ranchcomputing.com which describes the service in general and the specifics of each modelling software. “Party” or “Parties”: refers individually and indiscriminately to the Customer or RANCH Computing, or collectively to the Customer and RANCH Computing. “Project” means one or more scenes and any assets thereof provided by Customer to RANCH Computing for the purpose of Rendering Services. “Rendering Service” or “Service(s)”: refers to all the services provided by RANCH Computing, defined by the provision of the computing power of the “RANCH” and allowing the generation of one or more synthetic images from the Project sent by the Customer.
“Site”: means the RANCH Computing website (https://www.ranchcomputing.com).
2 – Modifications to the terms and conditions
RANCH Computing reserves the right to revise these TOU, the rates applicable to the rendering Service, as well as any document related to the conditions of use of the Services (such as technical documentation, etc.), at any time. We therefore ask you to consult them
regularly, since your continued use of this Site and the Services that follow from it, after the posting of each new version of the TOS, implies your full and complete acceptance of the latest version in force.
3 – Rendering services
RANCH Computing’s Rendering Services are defined by the provision of a fully automated, very high performance, 24/7 system with significant computing power to handle all your 3D Projects. Indeed, you benefit from
you benefit from the performance of a supercomputer that is constantly being improved, just like all the Services that are offered to you. The rendering Services are initiated by RANCH Computing, as of their reception, only insofar as the Project provided contains all the elements necessary (the scene and the corresponding “asset” files) for the good processing of the latter. RANCH Computing reserves the right to deny you access to the Rendering Services if (1) you are in default of your payment obligations, or (2) there are circumstances beyond RANCH Computing’s control that preclude completion of a Project. RANCH Computing provides you with a secure FTP server for sending and receiving your Projects. Each Project submitted to RANCH Computing is automatically deleted from the RANCH Computing server base five (5) days after the completion of the Rendering Services, even if you have not retrieved the Project in question. Indeed, after this period no claim is possible. It is the Client’s responsibility to ensure that the Projects have been designed (or are compatible) with the versions of 3D software and plugins supported by the RANCH, including the
latest service packs and hot fixes. Any order for Rendering Services placed through the Site is firm and final. Therefore, the Customer agrees to pay the amount relating to the Rendering Services (time used to perform the rendering), even if the Customer no longer wishes or is no longer able to retrieve the rendering.
4 – Registration/User account
In order to be able to access the Rendering Services provided by RANCH Computing, you must create a user account by means of the registration form permanently available on the Site. You agree to 1) provide accurate and complete information, 2) promptly notify us of any changes in your circumstances to keep your information true, accurate and up-to-date, 3) secure, under your own control and responsibility, access to your password. You remain responsible for all activities that occur under your User Account. In the event that your information is untrue, incomplete or out of date, RANCH Computing reserves the right, immediately and without compensation, to suspend or terminate your access to the Rendering Services, by notifying you by email at the address registered at the time of your registration. RANCH Computing also reserves the discretionary right to refuse, without compensation, access to its rendering services to persons who communicate information at the time of registration that RANCH Computing deems incompatible with the proper organization and management of its services, or contrary to ethics and good morals. The personal information collected is recorded in a file computerized by the company Ranch Computing (responsible for the treatment) for the creation of your account, the use of our service and the customer support. They are kept for the duration of our commercial relationship and up to 5 years afterwards and are intended for the marketing and customer support department. This data may be transmitted to our emailing partner for the purpose of sending our communications which you will receive once a month at the most and from which you can unsubscribe at any time (newsletter, promotions, etc.). The legal basis for the use and processing of your personal data may be based on your consent, our legitimate interests as a commercial rendering farm or your legitimate interests as a customer. In accordance with European laws (RGPD) and the law of 6 January 1978 (relating to data processing, files and freedoms), you have the right to access, rectify, port, delete and limit your personal data, as well as the right to oppose their processing. You can exercise all these rights by sending an email to firstname.lastname@example.org.
5 – Licence to use the Services
RANCH Computing grants you a non-exclusive, non-transferable, personal license to use the products and software made available to you solely for your own internal purposes in accordance with the provisions of these TOU. RANCH
Computing reserves full ownership of all rights not expressly licensed hereunder. Thus, you must not 1) duplicate or use the software provided to you and its documentation (including but not limited to the technical documentation)
2) modify, decompile, disassemble or engineer the software provided to you, except as permitted by applicable law, and if necessary to obtain information
(3) modify, decompile, disassemble or otherwise engineer the software provided to you, except as provided by applicable law, and if necessary to obtain information that would enable you to achieve interoperability with a program you have developed, and if none of this information is yet available on the RANCH Computing website or elsewhere.
6 – Prices
RANCH Computing’s pricing and discounts for Rendering Services are permanently available on the Site. The price (and discount, if any) applicable to the Rendering Services is the one published in the corresponding section on the day you order the Services. RANCH Computing reserves the right, at any time, to change its prices, discounts, and/or to institute any new fees applicable to the Services. RANCH Computing will not refund you, in whole or in part, if you terminate the Rendering Services (including the case of non-use of the Rendering Services), which you expressly accept. As a RANCH user you have a Virtual Safe (“RANCH Safe”). Initially, it contains 0.00 €, but you can add a specific amount (minimum: 10 €) to it at any time by purchasing
(minimum: 10 €) by buying a Refill. Each time you start a project, the amount corresponding to the rendering time charged is automatically deducted from your safe. If your project costs more than the remaining amount, you will have to pay the difference. You should also be aware that your RANCH Safe must have the minimum amount (10€) in order to launch a project.
7 – Promotional offers
RANCH Computing reserves the right to discontinue any promotional offer appearing on the Site, or to change the terms and conditions of any such offer, at any time and in its sole discretion.
8 – RANCH Computing’s responsibility
The company RANCH Computing undertakes, within the framework of a general obligation of means, to make every effort to ensure the best quality and regularity of the Services it provides. Under no circumstances shall RANCH Computing be held liable, nor shall it be held responsible, for the non-performance of its obligations following the non-payment of sums due by the Customer.
RANCH Computing undertakes to do everything possible to ensure the permanence, continuity and quality of the Services it offers on its Site, and in this respect subscribes to an obligation of means. Consequently, RANCH Computing will endeavour to offer Internet access 24
hours on 24, 7 days on 7 without being able to guarantee it, taking into account the nature of the network. The Customer hereby acknowledges that fluctuations in bandwidth and the vagaries of the access provider are elements that may lead to discontinuity in access to the Site, beyond the control of RANCH Computing and outside its technical means. Furthermore, in case of absolute necessity, RANCH Computing reserves the possibility of interrupting access to its Site (as briefly as possible), in order to carry out a
technical intervention in order to improve its functioning or for any maintenance operation.
RANCH Computing shall in no event be liable for any direct, indirect, incidental, special, punitive or consequential damages, including without limitation, loss of (i) profits, (ii) business opportunities, (iii) data and/or information and the use thereof, incurred by the Customer, even if the Customer has been advised of the possibility of such damages. In this context, the Customer waives all claims against RANCH Computing and its agents, executives, assistants and employees, either personally or in their relationship with RANCH Computing, and
RANCH Computing, and their successors. In any case, the Customer understands and accepts that the liability of RANCH Computing is limited to the amounts actually paid by the Customer to RANCH Computing.
Computing is limited to the amounts actually paid by the Customer and received by RANCH Computing.
9 – Allowances
The Customer agrees to assist and defend RANCH Computing against all claims by third parties relating to the content transmitted by the Customer and processed within the framework of the Services provided, and in particular those resulting from an infringement of personality rights, a property right linked to a patent, a trademark, drawings and models, copyright or those resulting from an act of unfair or parasitic competition or an infringement of public order, the ethical rules governing the Internet, good morals, respect for privacy (right to image, secrecy of correspondence) or the provisions of the Criminal Code: in this respect, the Customer shall indemnify RANCH Computing against all costs, charges and expenses which the latter would have to bear in order to obtain the services provided.
In this respect, the Customer will compensate RANCH Computing for all costs, charges and expenses that the latter would have to bear as a result, including the fees and reasonable costs of RANCH Computing’s advisers, even by a non-final court decision. The Customer agrees to assist, defend and indemnify RANCH Computing against any and all claims, actions, demands, suits and judgments (whether judicial, amicable or arbitral), including reasonable fees and expenses (attorney, bailiff, etc.) in whole or in part, which may arise from the Customer’s misuse of the Services or unauthorized use of the Services.
10 – Guarantees
RANCH Computing makes no warranty as to the reliability, timeliness, quality, suitability, truthfulness, availability, accuracy or completeness of the Services offered. In addition, RANCH Computing cannot assure the Customer that: (i) use of the Services will be timely, uninterrupted or error-free or will operate in combination with other hardware, software, systems or data, (ii) the Services, products or any materials acquired by the Customer will meet the Customer’s requirements or expectations, (iii) errors or defects will be corrected, (iv) the Services and the servers that make the Services available are free of viruses or other harmful components. The Customer acknowledges and agrees that use of the Services is at the Customer’s own risk and that the Services are provided “as is” without warranty of any kind. This licence to use the Services shall not deprive the Customer of any statutory warranty rights to the extent applicable.
11 – Intellectual Property
Except for the license granted in these TOU, Customer has no right, title or interest in or to the Services, products and/or materials owned by RANCH Computing. Customer acknowledges and agrees that RANCH Computing and/or its licensors retain all right, title and interest, including copyright and other intellectual property protection, in the Services, products and/or materials owned by RANCH Computing. “RANCH Computing”, the content of the Site and the various Services and/or products associated with RANCH Computing are all protected by copyright law and trademarks have been registered.
The Customer retains ownership of the content and information of any kind submitted to RANCH Computing for the purpose of providing the Rendering Services as well as the results of the renderings themselves. No clause of the present TOS shall be interpreted as conferring
any material or immaterial property right to RANCH Computing.
12 – Termination of user account / Interruption of rendering services
RANCH Computing may terminate Customer’s user account or restrict Customer’s access to the Rendering Services, as well as delete any data obtained through the Service, in its sole discretion, upon Customer’s failure to comply with its obligations as set forth herein.
hereof. Customer may also terminate its user account at any time upon written notice to RANCH Computing. However, the Customer understands and accepts that RANCH Computing will not make any refund, in whole or in part, of the amounts actually paid by the Customer. Upon termination of the Customer’s user account by the Customer, or at the discretion of RANCH Computing,= all data transmitted by the Customer will be automatically deleted from RANCH Computing’s servers. However, the completed Projects will continue to be available upon request for a period of five (5) days from the termination of the user account. In accordance with the General Data Protection Regulation, the Customer’s information will be deleted within 5 years after the last project submission. Credits for renderings in account at the time of account deletion will be lost.
13 – Technical support
RANCH Computing provides the Customer with technical support by email and telephone. RANCH Computing’s telephone number is +33 (0)182 50 7008 and its email: contact@ranchComputing.com.
Email support is provided around the clock, with no guarantee of response on weekends and public holidays (French). Telephone support is available during the company’s opening hours, which are available on the Site.
RANCH Computing undertakes to treat all information of the Customer as confidential (regardless of its nature: information, data, files and any other element), to use it only for the purposes of evaluation and definition of a collaboration as indicated herein and not to disclose it to any third party, nor to make it public or accessible in any way, except with the prior written consent of the Customer. Furthermore, RANCH Computing undertakes to communicate all or part of such confidential information only to those permanent members of its staff who have a direct and necessary need to know it, and to ensure that such persons respect this obligation of confidentiality.
All confidential information remains the property of the Client. More generally, RANCH Computing undertakes to give the same care to the protection of all confidential information of the Customer as it does to its own confidential information of an equivalent level. RANCH Computing would also like to point out to the customer that it generally has no knowledge of the projects rendered by its computers. The Customer undertakes to keep secret and not to communicate to any third party, in any form whatsoever, all information, data, methods, know-how, of any nature whatsoever (hereinafter referred to as “the Information”), belonging to RANCH Computing, of which it may become aware during the performance of the present contract.
15 – Force majeure
RANCH Computing shall not be liable, or deemed to have failed, for any delay or failure to perform, where the cause of the delay or failure to perform is an event of force majeure and provided that the Customer is promptly informed of the delay or failure, the cause thereof and the time limits envisaged. Cases of force majeure are considered to be those usually retained by the jurisprudence of the French Courts and Tribunals, and in particular fires, floods and earthquakes, etc. If the suspension should continue beyond two (2) calendar days, the Customer who is the victim of the failure will be able to cancel the order for the provision of Services in abeyance, and if payment has already been made, RANCH Computing will reimburse the Customer.
16 – Transfer
The Customer may not assign, delegate or transfer any or all of the rights or obligations under these TOU without the written consent of RANCH Computing. RANCH Computing is entitled to assign all or part of its rights and obligations hereunder to a third party without the prior consent of the Customer.
17 – Permanence of clauses
The waiver by one of the Parties of a clause of the GTU cannot be interpreted as a waiver of another clause of the GTU. Similarly, the fact that one of the Parties does not avail itself of any of the obligations referred to in these GCU shall not be interpreted subsequently as a waiver of the obligation in question.
18 – Independence of the Parties
The Parties shall perform their contractual obligations independently. Nothing in these TOU shall be construed as creating an employer/employee relationship, joint venture, EIG or joint venture between the Parties. Neither Party shall have the capacity to
to enter into any obligation on behalf of the other Party.
19 – Contractual severability clause
In the event that one or more provisions of the TOU are or become invalid, illegal, unenforceable or unenforceable in any way, the validity, legality or enforceability of the remaining provisions of the TOU shall not be affected or impaired thereby. In such a case, however, the Parties shall negotiate in good faith the drafting of a new clause to replace the invalid one.
20 – Disputes and attribution
The present GTU are governed by French law. In the event of litigation and of failure of an amicable solution, competence is expressly attributed to the competent Jurisdictions of the Court of the registered office of the company RANCH Computing.